Child Endangerment (273a)

The laws on child endangerment in this country have become increasingly strict; and rightfully so.  With a staggering increase in cases of child abuse in recent years, the law had no choice but to respond with strict legality and harsh punishments.  This, though, is not to say that people are not wrongfully accused of this heinous crime.  In fact, with the no tolerance nature of these laws it is not uncommon for police officers and prosecutors to point the finger at the innocent guardian of a harmed child.

If you feel that you or someone you know has been, or is in danger of being, wrongfully charged with child endangerment RepresentYou.com may be able to help.  Our panel of attorneys includes a number of lawyers with experience defending innocent parents and guardians from unjust child endangerment charges.  The RepresentYou.com staff and the attorneys on our panel are aware of the delicate nature of these crimes and will address your child endangerment case with complete discretion and professionalism.

What is Child Endangerment?

California Penal Code 273 a PC defines, explains, and punishes acts of child endangerment.  Any parent, guardian, or adult who places a child in a dangerous situation or allows a child to be placed in a dangerous situation is in violation of this penal code and subject to the corresponding punishments.  More simply, a person is breaking the law if he or she:

Penal Code 273 a PC

273a.  (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a
situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.

(c) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:
(1) A mandatory minimum period of probation of 48 months.
(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child abuser’s treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.
(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.

Source: http://www.leginfo.ca.gov/

Child Endangerment Law

The child endangerment law is very different than most laws in that it does not require that any actual injury or harm is done.  Rather, the simple potential of injury or harm to a child is enough to prosecute under the authority of 273 a PC.  Unfortunately, this means that it is both easy and common for innocent people to face prosecution under child endangerment laws.  If you are facing charges of this kind it is imperative that you seek the help of an experienced and knowledgeable child endangerment lawyer.

Find a Child Endangerment Lawyer

RepresentYou.com may be able to help you find an attorney to defend you against false child endangerment allegations.  Our panel of attorneys includes a number of lawyers with unique knowledge of and experience with child endangerment laws and cases.  With at least 20 years of experience and no disciplinary record with the bar association our lawyers are both extremely professional and talented.  As with most legal matters, time is of the essence, so please do not hesitate to call or log on to our website 24 hours a day, 7 days a week. RepresentYou.com is a Lawyer Referral Service


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